Category Archives: Patentability

Federal Circuit denies Athena’s petition for rehearing of finding that its claims relating to a correlation between antibodies to a protein (“MuSK”) and neurological disorders are invalid under § 101.

Athena Diagnostics, Inc. et al. v. Mayo Collaborative Services, LLC Docket No. 2017-2508 NEWMAN (D), LOURIE, STOLL February 6, 2019 (Petition for rehearing denied July 3, 2019) Update (July 3, 2019): Athena’s petition for rehearing regarding the invalidation under § … Continue reading

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DC’s motion to dismiss and attorney fees award vacated and remanded as Cellspin’s amended complaint alleged an inventive concept and issued patents are presumed valid and patent eligible

Cellspin Soft, Inc. v. Fitbit, Inc. et al. (Moov, Nike, Fossil, Canon, GoPro, Panasonic, and JKI); Docket Nos. 2018-1817-26, -2178-84 (June 25, 2019) Brief Summary:  DC grant of Fitbit’s motion to dismiss for patent ineligibility under section 101 and the … Continue reading

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Trading Technologies Int., Inc. (“TT”) v. IBG LLC et al. (US as intervenor)

Docket No. 2017-2257, -2621, 2018-1063 CBM Nos. 2015-00179, 2016-00051, 2016-00032 MOORE, MAYER, LINN April 18, 2019 Brief summary: Board finding that TT’s patents are CBM eligible (e.g., claims are not “for technological inventions”) and patent ineligible (§ 101) affirmed. Summary: … Continue reading

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Endo Pharmaceuticals Inc. v. Teva Pharm. et al. and Actavis et al.

Docket No. 2017-1240, -1455, -1887 WALLACH, CLEVENGER, STOLL March 28, 2019 Brief summary: DC dismissal under Rule 12(b)(6) for ineligibility under § 101 reversed since “the claims are directed to a patent-eligible method of using oxymorphone…to treat pain in a … Continue reading

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SRI Int., Inc. v. Cisco Systems, Inc.

Docket No. 2017-2223 LOURIE (D), O’MALLEY, STOLL March 20, 2019 Brief summary: DC finding of patent eligibility under § 101 affirmed; award of attorney fees vacated and remanded “solely for recalculation”. Summary: Cisco appealed DC denial of its motion for … Continue reading

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Natural Alternatives Int., Inc. v. Creative Compounds, LLC

Docket No. 2018-1295 MOORE, REYNA (C/D), WALLACH March 15, 2019 Brief summary: DC finding that NA’s claims related to dietary supplements are not patent eligible under § 101 reversed and remanded. Summary: Natural Alternatives (NA) appealed DC grant of Creative … Continue reading

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University of Florida Res. Found., Inc. (UFRF) v. General Electric Co. et al.

Docket No. 2018-1284 PROST, MOORE, WALLACH February 26, 2019 Brief summary: UFRF found to have “waived sovereign immunity as to GE’s § 101 eligibility challenge”. DC grant of GE’s motion to dismiss based on its § 101 defense to infringement … Continue reading

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